Case law
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Division and case type: CivilCivil Appeal
…It being alleged that there was no valid appearance entered after due service of the summons, the respondent applied for and obtained that which was described as interlocutory judgment on March 22, 1979 and on May 7, 1979…
…Mead J refused to set aside these two judgments (on application before him on the ground of lack of service) on October 23, 1981, and it is from his decision that the substantive appeal is brought.…
Division and case type: CivilCivil Appeal
…It is not in dispute that the respondent was unable to service the mortgage and soon fell into grave arrears compelling Daima Bank to demand payment of the principal sum together with interest which stood at Shs.43,269,829.15…
Division and case type: CivilCivil Appeal
…so inordinately low or so inordinately high that it must represent an erroneous estimate of damages or must be indicative of an error of principle by the trial court – see for example, KEMFRO AFRICA LTD. t/a MERU EXPRESS SERVICE…
…I did voluntary service.”…
Division and case type: CivilCivil Appeal
…The criticism of non-service of the plaint upon the Defendant must be merited.…
…For that matter how can it be that non-service of a plaint can be ‘as provided by law? How can it be an abuse of the court process to make an application to strike out a plaint?…
Division and case type: CivilCivil Appeal
…amendment to rule 23, (by Legal Notice 14 of 1983 dated January 28, 1983), is that a winding up petition shall be advertised not less than seven days after service and at least seven days before the hearing, in the manner…
…It was, I think, common ground that at the time the petition was advertised, it did not comply with rule 23 as it was after the 1983 amendment, which requires advertisement not less than seven days after its service on the…
Division and case type: CivilCivil Appeal
…upon the plaintiff requiring him to obtain an order from the High Court to extend the duration of the caveat in default of which the Registrar would remove the caveat forty five days from October 27th, 1988, the date of service…
Division and case type: Commercial and TaxCivil Appeal
…In fact in section 16 (3) a debtor who fails to submit his statement of affairs within 14 days of the service of the receiving order on him without any reasonable excuse may on the application of the official receiver be…
Division and case type: CivilCivil Appeal
…This court in Kenya Bus Services vs Mavende (1991) 2 KAR 232 said so (per Omolo Ag. J.A.) at page 235.…
…Again in a similar vein this court said in the case of Coast Bus Service Ltd. vs Sisco & Murunga Danii & 3 Others Civil Appeal No. 192 of 1992 (unreported; "We would restate the position special damages must be pleaded with…
Division and case type: CivilCivil Appeal
…The fact that he issued a cheque to the City Council for his rent, a cheque in favour of Sila Service Station, another to Dr. Owino and another to Advance Dry Cleaners Ltd does not mean that the appellant was a trader.…
…The cheques issued were for his personal services and not for commercial transactions.…
Division and case type: CivilCivil Appeal
…The address for service for the appellants is care of Mohamed & Muigai Advocates, Hazina Towers, P O Box 61323, Nairobi.…
Division and case type: CivilCivil Appeal
…the council may serve on the lessee a notice specifying the rent in arrear, or the covenant or condition broken, or the unlawful possession, as the case may be, and the council may, at any time after thirty days from the service…
…Council must serve on the licensee a notice specifying the fees or royalties in arrears, or the condition broken, or the unlawful possession, as the case may be, and the Council may, at any time after 30 days from the date of service…
Division and case type: CivilCivil Appeal
…In the matter of an application of Hetulla Properties Ltd and in the matter of a complaint by Electro Service Equipment Ltd and the Business Premises Rent Tribunal; and (d) As a result of these declarations the order of the…
Division and case type: CivilCivil Appeal
…Dr Shabbir Ahmed is of course, himself physically, beyond the reach, or jurisdiction, of this court, but he has submitted to it through his advocates whose address is his address for service.…
…no doubt that, whether or not the power of attorney is in strict conformity with the Kenya law, it nevertheless constitutes Shakeel a recognised agent under order 3 rule 2 of the Civil Procedure Rules, for the purpose of service…
Division and case type: CivilCivil Appeal
…The facts which triggered off this litigation were that by August 13th, 1986 at 1 am, the plaintiff, who has been in the service of the defendant for just over six years, was going round when he saw four people.…
Division and case type: CivilCivil Appeal
…Mr Buckley, who led the case for the appellants on the appeal, strongly submitted that the learned judge, while paying lip service to the correct test to be applied, which is that an exclusive jurisdiction clause should always…
…Bucley’s submissions on this aspect of the case, “ while paying lip service …… his ( the judge’s ) heart was not really in what he felt obliged to concede.”…
Division and case type: CivilCivil Appeal
…On his return to Kenya during 1967, he was employed as a school teacher by the Teachers’ Service Commission, a section of the Department of Education, and posted to Nairobi Technical High School to teach Physics, Chemistry…
Division and case type: CivilCivil Appeal
…Ltd vs New Gatitu Service Station Ltd & Another (1990) eKLR).…
Division and case type: CivilCivil Appeal
…Ltd vs New Gatitu Service Station Ltd & Another (1990) eKLR).…
Division and case type: CivilCivil Appeal
…Ltd vs New Gatitu Service Station Ltd & Another (1990) eKLR).…
Division and case type: CivilCivil Appeal
…The judge ought to have ordered the suit to proceed expeditiously and an order for substituted service given.…